Smith v. Davis

Citations

• 187 F. 40
• 1910 U.S. App. LEXIS 5208
• 109 C.C.A. 94

Syllabus

<p>1. Collision (§ 29*) — Sailing Vessels — Navigation Rules — “Wind Aft.”</p> <p>Within the meaning of International Navigation Rules, art. 17, subd. e, 26 Stat. 326 (U. S. Comp. St. 1901, p. 2869), which provides that the one of two sailing vessels which has the wind aft shall keep out of the way of the other, a vessel has the “wind aft’’ when it is not more than 2% points from directly aft.</p> <p>[Ed. Note. — For other cases, see Collision, Cent. Dig. § 27; Dee. Dig. § 29.*]</p> <p>2. Courts (§ 98*) — International Rules — Construction—English Precedents.</p> <p>It is essential to the effectiveness of the international navigation rules that there should be close conformity between the admiralty courts of England and the United States in the interpretation of such rules, and for that reason, as well as because of the eminent ability of the judges composing them, the admiralty decisions of the higher English courts are given high consideration as precedents by the admiralty courts of the United States.</p> <p>[Ed. Note. — For other cases, see Courts, Dec. Dig. § 98.*]</p> <p>3. Collision (§ 136*) — Damages Recoverable — Detention of Vessel.</p> <p>Where a vessel was injured in a collision, for which the other vessel was in fault, during a voyage, and her detention was not such as to require the discharge of her crew or prevent her from completing her voyage, the rule is settled that the agreed demurrage under her charter may properly be accepted as fixing prima facie, the amount of her damages fdr the detention.</p> <p>[Ed. Note. — For other eases, see Collision, Dee. Dig. § 136.*]</p> <p>4. Collision (§ 154*) — Action—Costs—Amount Paid for Surety Bond for Release of Vessel.</p> <p>The amount paid by the owners of a vessel libeled for collision to a surety company for furnishing stipulation for discharge of the vessel is not taxable as costs against the other party on his failure to recover.</p> <p>[Ed. Note. — For other cases, see Collision, Dee. Dig. § 154.*]</p